Article 1. General

1.1 In these general terms and conditions, Amsterdam Cartel refers to www.amsterdamcartel.nl.

1.2 These terms and conditions are part of all offers from and agreements with Amsterdam Cartel, unless explicitly deviated from in writing.

1.3 Subject to the provisions of Article 6.4, these conditions also apply if Amsterdam Cartel needs to engage third parties for the execution of all agreements.

1.4 Unless expressly agreed otherwise in writing, the general or specific terms or conditions of third parties are not recognized by Amsterdam Cartel.

1.5 In the event that the Conditions and an Agreement contain conflicting clauses, the Agreement shall prevail.

1.6 If any part of the Conditions is declared void or annulled, the remaining provisions of the Conditions shall remain in full force and the parties shall be bound to make efforts to establish a replacement provision by mutual agreement that is valid and reflects the original intentions of the parties as much as possible.

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Article 2. Offers and Conclusion of Agreements

2.1 All offers are non-binding unless explicitly stated otherwise by Amsterdam Cartel.

2.2 Agreements for the delivery of goods and/or services only bind Amsterdam Cartel after written confirmation. Actual performance by Amsterdam Cartel or an invoice sent by Amsterdam Cartel is equivalent to written confirmation of the offer.

2.3 If the accuracy of the content of this written confirmation is not disputed in writing within 8 days, Amsterdam Cartel and the customer are bound by it.

2.4 Offers from Amsterdam Cartel do not automatically apply to repeat orders.

2.5 Amsterdam Cartel cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or clerical error.

2.6 Supplementary agreements, changes, and/or additional arrangements are only valid if agreed upon in writing.

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Article 3. Prices/Price Increase

3.1 Unless otherwise indicated, all prices are expressed in Euros, including VAT, excluding packaging and shipping costs within the Netherlands.

3.2 If the price increase is not the result of legal regulations and/or provisions, the consumer has the right to terminate the distance agreement as of the day the price increase takes effect.

 

Article 4. Delivery

4.1 If items are available from stock, they will be shipped immediately after ordering. Amsterdam Cartel may charge additional shipping costs for the delivery of ordered items. The delivery of ordered items takes place at the known postal address of Amsterdam Cartel, which is not of a temporary nature, and is handed over to the natural person present at the delivery address.

4.2 The customer must sign for the receipt of the products. This is only different if the customer has valid grounds for refusal based on the law.

4.3 If the customer refuses to accept the delivery or is negligent in providing information or instructions necessary for the delivery, the articles will be stored at the expense and risk of the customer.

4.4 Amsterdam Cartel's delivery obligation will be deemed fulfilled, unless proven otherwise, once the goods delivered by Amsterdam Cartel have been offered to the customer once. In the case of home delivery, the carrier's report, indicating the refusal of acceptance, serves as full proof of the offer of delivery, unless proven otherwise.

4.5 In the event of refusal of the offered goods, return freight and storage costs, as well as the risk of damage or loss of the refused goods, are entirely at the expense of the customer, unless the customer invokes the right to dissolve the purchase or replacement of the goods on valid grounds.

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Article 5. Delivery Time

5.1 A delivery time specified by Amsterdam Cartel should never be considered as a strict deadline. The delivery time starts only after Amsterdam Cartel has received all the necessary information, after which Amsterdam Cartel will strive to deliver within 5 working days, but no later than 30 working days.

5.2 In the context of distance selling regulations, Amsterdam Cartel (contractor) will fulfill orders promptly, but no later than 30 days. If this is not possible (due to the ordered items being out of stock or no longer available) or if there are other delays or the order cannot be fulfilled or only partially fulfilled, the consumer (client) will be notified within 1 month after placing the order. In such cases, the consumer has the right to cancel the order without any costs or notice of default.

 

Article 6. Termination

6.1 Without prejudice to the rights of Amsterdam Cartel under the law, Amsterdam Cartel is entitled to suspend or terminate the agreement in whole or in part, by means of a written declaration to the buyer, with the right to claim damages from the buyer, if circumstances come to the knowledge of Amsterdam Cartel after the conclusion of the agreement that give Amsterdam Cartel good reason to fear that the buyer will not fulfill his obligations, or if Amsterdam Cartel has requested the buyer to provide security for performance at the time of concluding the agreement and this security is not provided or is insufficient (despite summons), as well as in the event of the buyer's bankruptcy, a self-petition for bankruptcy by the buyer, suspension of payments, liquidation, or a decision to that effect, complete or partial transfer of the buyer's business, or seizure of any part of his assets.

6.2 If circumstances arise with regard to persons and/or materials that Amsterdam Cartel uses or usually uses in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible or so burdensome and/or disproportionately costly, that compliance with it can no longer be reasonably demanded, Amsterdam Cartel is entitled to terminate the agreement.

6.3 The buyer has the right to terminate the agreement with Amsterdam Cartel for delivered goods based on an order if it concerns a consumer purchase, in accordance with Article 7:5 of the Dutch Civil Code, within a period of 7 working days without stating a reason, unless expressly agreed otherwise. This period starts at the moment the ordered goods have been delivered. If the buyer has not returned the delivered goods to Amsterdam Cartel after the expiry of this period, the purchase is considered final. The buyer must report this return within 7 working days after delivery to Amsterdam Cartel. The buyer must prove that the delivered goods have been returned in a timely manner (within 10 working days after delivery), for example by means of proof of postal delivery. The return shipment of the delivered goods is entirely at the expense and risk of the buyer. The returned goods must be sent in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, burdened, or damaged in any way by the buyer, the right to termination as described in this section expires. After receiving and inspecting the returned goods, Amsterdam Cartel will promptly confirm the termination of the purchase and ensure that the full purchase amount is refunded to the buyer free of charge within 30 days of receiving the complete return shipment.

6.4 The right to termination, as described in the previous section, only applies to the delivered goods and in no case applies to services.

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Article 7. Force Majeure

7.1 Force majeure is understood to mean, in addition to what is understood in the law and jurisprudence, all circumstances beyond the control of Amsterdam Cartel that hinder or make the delivery of goods impossible, including but not limited to strikes at Amsterdam Cartel and/or suppliers, disruptions in the Internet or WAP, disruptions in electricity, disruptions in email communication, and disruptions or modifications in technology supplied by third parties.

7.2 A plea of force majeure can also be made if the circumstance that prevents (further) performance occurs after Amsterdam Cartel should have performed the obligation.

7.3 If the period during which Amsterdam Cartel is unable to fulfill its obligation due to force majeure lasts longer than 2 weeks, both parties have the right to terminate the agreement without any obligation to pay damages in that case.

7.4 If Amsterdam Cartel has already partially fulfilled its obligations at the time of the force majeure event, or can only partially fulfill its obligations, it is entitled to invoice the delivered or deliverable part separately, and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the delivered or deliverable part has no independent value.

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Article 8. Warranty

8.1 Amsterdam Cartel does not provide any warranty on delivered goods other than the warranty terms and conditions provided by the manufacturer of these goods, without prejudice to the rights of the customer arising from mandatory legal provisions.

8.2 However, Amsterdam Cartel is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.

8.3 The customer is obliged to immediately inspect the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective, or incomplete, the customer must notify Amsterdam Cartel of these defects in writing immediately before returning the item to Amsterdam Cartel. Any defects or incorrectly delivered goods must be reported in writing to Amsterdam Cartel within a maximum of 2 months after delivery. The goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Use of the goods after discovery of a defect, damage occurring after discovery of a defect, burdening and/or resale after discovery of a defect, will result in the right to complain and return being completely void.

8.4 If the customer's complaints are found to be justified by Amsterdam Cartel, Amsterdam Cartel may, at its option, replace the delivered goods free of charge or reach a written agreement with the customer on compensation, provided that the liability of Amsterdam Cartel and thus the amount of compensation is always limited to at most the invoice amount of the relevant goods, or (at the option of Amsterdam Cartel) to the maximum amount covered by Amsterdam Cartel's liability insurance in the relevant case. Any liability of Amsterdam Cartel for any other form of damage is excluded, including but not limited to additional compensation in any form, compensation for indirect damage or consequential damage, or damage resulting from loss of profits.

8.5 Amsterdam Cartel is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.

8.6 This warranty does not apply if:

A) and as long as the customer is in default towards Amsterdam Cartel.

B) the customer has repaired and/or processed the delivered goods themselves or had them repaired/processed by third parties.

C) the delivered goods have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of Amsterdam Cartel and/or the instructions on the packaging.

D) the defectiveness is wholly or partly the result of regulations prescribed or to be prescribed by the government regarding the nature or quality of

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Article 9. Payment

9.1 Payment in installments is not possible.

9.2 After 10 days from the invoice date, the customer is automatically in default, and from that moment on, interest of 1% per month is due on the amount payable, unless the statutory interest rate is higher, in which case the statutory interest rate applies.

9.3 In the event of the customer's bankruptcy or suspension of payment or an application for it, the claims of Amsterdam Cartel and the obligations of the customer towards Amsterdam Cartel become immediately due and payable.

9.4 If Amsterdam Cartel has to hand over its claim for collection, the customer is liable for a fixed amount of 15% of the amount due as extrajudicial collection costs, with a minimum amount of 250 euros.

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Article 10. Retention of Title

10.1 The ownership of all goods sold and delivered by Amsterdam Cartel to the customer remains with Amsterdam Cartel until the customer has fulfilled the claims of Amsterdam Cartel arising from the agreement or earlier or subsequent similar agreements, until the customer has not yet fulfilled the work performed or to be performed under these or similar agreements, and until the customer has not yet fulfilled the claims of Amsterdam Cartel due to a failure to fulfill such obligations, including claims for penalties, interest, and costs, as referred to in Article 3:92 of the Dutch Civil Code.

10.2 The goods delivered by Amsterdam Cartel that fall under the retention of title may only be resold in the normal course of business and may never be used as a means of payment

10.3 The customer is not authorized to pledge or encumber the goods subject to retention of title in any other way.

10.4 The customer already unconditionally and irrevocably grants permission to Amsterdam Cartel or a third party appointed by Amsterdam Cartel to enter all those places where its properties will be located at any time when Amsterdam Cartel wants to exercise its ownership rights and to take those goods from there.

10.5 If third parties seize the goods delivered under retention of title or intend to establish or assert rights thereto, the customer is obliged to inform Amsterdam Cartel thereof as soon as can reasonably be expected.

10.6 The customer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion, water damage, theft, and to provide Amsterdam Cartel with the policy of this insurance for inspection upon first request.

 

Article 11. Privacy

11.1 Amsterdam Cartel respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website unless otherwise indicated. This information is not sold, shared, or rented to third parties in any other way than as stated in this privacy statement.

11.2 Information that can be deduced from the identity of an online visitor to the Amsterdam Cartel website is voluntarily provided by the visitor. This information may be used within Amsterdam Cartel (and all its subsidiaries and brands) with the aim of making visits to our websites as easy and enjoyable as possible. In addition, this information may be used for analysis and providing information about Amsterdam Cartel's product portfolio. The customer expressly gives permission for this. Amsterdam Cartel is entitled to disclose information about a visitor in special cases where there is reason to believe that disclosing that information is necessary to identify, contact, or bring legal action against someone who, whether intentionally or not, harms or causes damage to the rights or property of Amsterdam Cartel, other users of its website, or others. Amsterdam Cartel is entitled to release information about users when we believe in good faith that the law requires it.

11.3 Amsterdam Cartel collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of internet browser and operating system used. Personal data can be deleted at the request of the online visitor to the extent that it does not require disproportionate effort or cost for Amsterdam Cartel.

 

Article 12. Intellectual Property Rights

12.1 Unless expressly agreed otherwise in writing, all copyrights and other intellectual and industrial property rights relating to the goods or services provided by Amsterdam Cartel, such as trademark rights, model rights, patent rights, sui generis rights, database rights, etc., belong exclusively to Amsterdam Cartel and/or its suppliers.

12.2 Parties undertake to take sufficient measures to ensure confidentiality with respect to each other's confidential information that they become aware of in the performance of the agreement.

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Article 13. Applicable Law

All offers and agreements of Amsterdam Cartel are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.

 

Article 14. Disputes

14.1 The customer can email questions and/or complaints to sales@amsterdamcartel.com or use the forms available on the website. Complaints are usually handled within 30 days. If for any reason this is not possible, the customer will be informed of the delay.

14.2 The customer has the opportunity to submit the dispute to an independent dispute resolution body. This can be the Thuiswinkel Disputes Committee or another equivalent disputes committee, without prejudice to the customer's right to submit the dispute to a competent court.

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Kind regards, 

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Amsterdam Cartel
www.amsterdamcartel.nl

KVK: 80009239
BTW-nummer: NL861527318B01